Vol. 150, No. 5 — March 9, 2016

Registration

SOR/2016-28 February 24, 2016

FIRST NATIONS ELECTIONS ACT

Order Amending the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations)

Whereas, the council of the Pabineau First Nation adopted a resolution, dated January 11, 2016, requesting that the Minister of Indian Affairs and Northern Development amend the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) to fix the date of the first election for that First Nation as April 13, 2016;

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act (see footnote a), makes the annexed Order Amending the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations).

Gatineau, February 22, 2016

Carolyn Bennett
Minister of Indian Affairs and Northern Development

Order Amending the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations)

Amendment

1 Paragraph 2(c) of the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) (see footnote 1) is replaced by the following:

Coming into Force

2 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

On January 11, 2016, the council of the Pabineau First Nation adopted a resolution requesting that the Minister of Indian Affairs and Northern Development amend the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] to fix the date of the first election for the First Nation as April 13, 2016.

Background

On October 22, 2015, the council of the Pabineau First Nation adopted a resolution requesting that the Minister of Indian Affairs and Northern Development add the name of the First Nation to the Schedule to the First Nations Elections Act and that the date of its first election under that Act be fixed as March 24, 2016. On January 7, 2016, the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2], made pursuant to section 3 of the Act, added the Pabineau First Nation to the Schedule to the Act and fixed the date of the first election as March 24, 2016.

Under subsection 3(3) of the First Nations Elections Act, the chief and councillors of a First Nation in respect of which an order is made hold office until the day of the first election and cease to hold office on that day. Accordingly, the term of office of the current council of the Pabineau First Nation would have ended on March 24, 2016. When the effect of the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] on the current term of office ending April 13, 2016, became known, the council of the Pabineau First Nation adopted a resolution asking the Minister of Indian Affairs and Northern Development to modify the date of the first election to April 13, 2016.

Objectives

The objective of the Order Amending the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) is to fix the date of the first election for the Pabineau First Nation under the First Nations Elections Act as April 13, 2016.

Description

Once added to the Schedule to the First Nations Elections Act, a First Nation can seek a change to the date of its first election under the Act. This is made by order of the Minister of Indian Affairs and Northern Development, pursuant to section 3 of the First Nations Elections Act, when the council of the First Nation signals its decision by adopting a band council resolution asking the Minister of Indian Affairs and Northern Development to amend the date of its first election under the First Nations Elections Act.

The council of the Pabineau First Nation requested, via a band council resolution dated January 11, 2016, that the Minister of Indian Affairs and Northern Development amend the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] to fix the date of the first election as April 13, 2016.

An amendment to paragraph 2(c) of the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) is made to fix the date of the first election for the council of the Pabineau First Nation as April 13, 2016.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this amendment, as it does not result in any administrative costs or savings to business.

Small business lens

The small business lens does not apply to this amendment, as it does not result in any costs for small business.

Consultation

Given that this amendment is made at the request of the council of the Pabineau First Nation, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with their members.

Rationale

The two-year term of office of the council of the Pabineau First Nation would have ended on April 13, 2016, were it not for the fact that an election under the First Nations Elections Act was to take place on March 24, 2016. Under subsection 3(3) of the First Nations Elections Act, the chief and councillors of a First Nation in respect of which an order is made hold office until the day of the first election and cease to hold office on that day. Thus, the term of office of the current council of the Pabineau First Nation would have ended on March 24, 2016.

When the effect of the Order Amending the Schedule to the First Nations Elections Act (George Gordon, Red Pheasant and Pabineau First Nations) [SOR/2016-2] on the current term of office ending April 13, 2016, became known, the council of the Pabineau First Nation adopted a resolution asking the Minister of Indian Affairs and Northern Development to modify the date of the first election to April 13, 2016.

Implementation, enforcement and service standards

There are no compliance and enforcement requirements associated with this amendment fixing the date of the first election of the council of the Pabineau First Nation as April 13, 2016.

Contact

Marc Boivin
Acting Director
Governance Policy and Implementation
Indigenous and Northern Affairs Canada
10 Wellington Street, 8th Floor
Gatineau, Quebec
K1A 0H4
Telephone: 819-994-6735
Fax: 819-953-3855
Email: Marc.Boivin@aadnc-aandc.gc.ca